Technical Support Document for EPA Proposal on Oklahoma State Implementation Plan 

Revisions for Interstate Transport of Pollution, Prevention of Significant Deterioration, 

Nonattainment New Source Review, Source Registration and Emissions Reporting, and 

Rules of Practice and Procedure

Background

Clean Air Act Section 110(a)(2)(D)(i)

On July 18, 1997, EPA promulgated new NAAQS for 8-hour ozone and for fine particulate 

matter (PM2.5). Section 110(a)(1) of the CAA requires states to submit SIPs to address a new or 

revised NAAQS within 3 years after promulgation of such standards, or within such shorter 

period as EPA may prescribe. Section 110(a)(2) lists the elements that such new SIPs must 

address, as applicable, including section 110(a)(2)(D)(i), which pertains to interstate transport of 

certain emissions. On August 15, 2006, EPA issued its “Guidance for State Implementation Plan 

(SIP) Submission to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 

8-Hour Ozone and PM2.5 National Ambient Air Quality Standards” (2006 Guidance). EPA 

developed the 2006 Guidance to make recommendations to states for making submissions to 

meet the requirements of section 110(a)(2)(D)(i) for the 1997 8-hour ozone standards and the 

1997 PM2.5 standards.

As identified in the 2006 Guidance, the “good neighbor” provisions in section 110(a)(2)(D)(i) 

require each state to submit a SIP that prohibits emissions that adversely affect another state in 

the ways contemplated in the statute. Section 110(a)(2)(D)(i) contains four distinct requirements 

related to the impacts of interstate transport. The SIP must prevent sources in the state from 

emitting pollutants in amounts which will: (1) contribute significantly to nonattainment of the 

NAAQS in other states; (2) interfere with maintenance of the NAAQS in other states; (3) 

interfere with provisions to prevent significant deterioration of air quality in other states; or (4) 

interfere with efforts to protect visibility in other states. 

In EPA's November 29, 2005, Phase 2 rule for the 1997 8-hour ozone NAAQS (70 FR 71612), 

EPA called for States to modify their Prevention of Significant Deterioration (PSD) program to 

address NOx as an ozone precursor. The Federal requirements to address NOx as an ozone 

precursor and the current CFR citation are as follows:

• Identify NOx as an ozone precursor (40 CFR 51.166(b)(49)(i)(a))

• A Major source that is major for NOx shall be major for ozone (40 CFR 51.166(b)(1)(ii))

• Significant means, in reference to a net emissions increase or potential to emit, a rate of 

emissions that equals or exceeds 40 tons per year of NOx (40 CFR 51.166(b)(23)) 

• Any net emissions increase of 100 tons per year of NOx subject to PSD would require an 

ambient impact analysis, including the gathering of air quality data (40 CFR 51.166(i)(5)(i)(e))

In the August 15, 2006 EPA Guidance EPA stated that: 

• States are not required to submit PSD and Nonattainment New Source Review (NNSR)

program SIPs for PM2.5 until EPA completes regulations establishing the minimum 

requirements for New Source Review programs for PM2.5 and finalizes the submission schedule
• Until the submission date is established in EPA's final PM2.5 implementation rule for 

New Source Review (NSR), states may continue to implement interim programs based on PM10 

and need not provide PSD or NNSR program submissions containing rule changes for PM2.5.

Because of Court decisions and EPA decisions on petitions concerning this issue, EPA requested 

States such as Oklahoma to clarify how they are implementing the PM2.5 NAAQS. (For more 

information please see the EPA Order responding to Petition No. IV-2008-3, which concerns the 

Louisville Gas and Electric Company Title V/PSD Air Quality Permit. This order can be found 

in electronic docket EPA-R06-OAR-2009-0656.)

This TSD addresses the requirement that the Oklahoma SIP prevent sources in the state from 

emitting pollutants in amounts which will interfere with provisions to prevent significant 

deterioration of air quality in other states. Separately, we have proposed to limit the interstate 

transport of NOx emissions from Oklahoma that affect the ability of downwind states to attain 

and maintain compliance with the 1997 ozone NAAQS pursuant to CAA 110(a)(2)(D)(i)(I) (75 

FR 45210, August 2, 2010).

May 1, 2007 Submittal

On May 1, 2007, we received a SIP revision from the State of Oklahoma intended to address the 

interstate transport requirements of section 110(a)(2)(D)(i) for both the 1997 8-hour ozone 

standards and 1997 PM2.5 standards. In its submission, the State of Oklahoma stated that its 

New Source Review program for major sources satisfies the requirement that pertains to 

preventing sources in Oklahoma from emitting pollutants that will interfere with measures 

required to prevent significant deterioration of air quality in other states. 

For the PM2.5 NAAQS, Oklahoma stated in its section 110(a)(2)(D)(i) submission that its NSR 

program includes an interim PSD permitting program for PM2.5. On July 29, 2010 the 

Oklahoma Department of Environmental Quality sent a letter to EPA clarifying its 

implementation of the implementation the PM2.5 NAAQS. The letter is further discussed below.

June 24, 2010 Submittal 

On June 24, 2010 Oklahoma submitted additional revisions to Subchapter 8 in OAC 252:100 

(Permits for Part 70 Sources). These included revisions to the Oklahoma PSD regulations 

necessary to address NOx as a precursor for the 1997 8-hour ozone NAAQS (PSD Requirements 

for Attainment Areas, OAC 252:100-8). The submittal also includes revisions to: Definitions 

(for General Provisions, OAC 252:100-8-1.1), Definitions (for Part 70 Sources, OAC 252:100-8-

2), Requirements for construction and operating permits (OAC 252:100-8-4), Permit applications 

(OAC 252:100-8-5), Permit content (OAC 252:100-8-6), General permits (OAC 252:100-8-6.1), 

Special provisions for affected (acid rain) sources (OAC 252:100-8-6.3), Permit review by EPA 

and affected states (OAC 252:100-8-8), Applicability (OAC 252:100-8-30) and the definition of 

major stationary source found in OAC 252:100-8-31. At this EPA is proposing to only act on the 

portion of the June 24, 2010 submittal that addresses NOx as an ozone precursor.
February 14, 2002 Submittal

On February 14, 2002 Oklahoma submitted revisions to its State Implementation Plan (SIP). 

The revisions affect Title 252 of the Oklahoma Administrative Code (OAC 252), the official 

compilation of agency rules and executive orders for the State of Oklahoma. 

EPA approved portions of the February 14, 2002 submittal on December 29, 2008 (73 FR 

79400). At that time, we took no action on: 

• Chapter 4 (Rules of Practice and Procedure): Subchapters 1 (General Procedures), 

Subchapter 7 (Environmental Permit Process), and Appendix C (Permitting Process Summary); 

• Chapter 100 (Air Pollution Control): Subchapter 5 (Registration, Emission Inventory and 

Annual Operating Fees), Subchapter 7 (Permits for Minor Sources), Subchapter 8 (Permits for 

Part 70 Sources), Subchapter 9 (Excess Emissions Reporting Requirements), and Appendices H, 

I and J. 

On July 16, 2010 the state submitted a letter to EPA withdrawing their 2002 submittal for 

Subchapter 9 (Excess Emissions Reporting Requirements).

The portion of the 2002 revision being considered for approval relate to: 

• Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review 

(NNSR) for major sources (Chapter 100, Subchapter 8, Permits for Part 70 Sources), 

• Source registration and emissions reporting, (Chapter 100, Subchapter 5, Registration, 

Emission Inventory and Annual Operating Fees), and 

• Other rules of practice and procedure, except for revisions relating to minor sources

(Chapter 4, Subchapter 1 (General Provisions), Subchapter 7 (Environmental Permit Process) 

and Appendix C. 

We are not proposing action on revisions submitted for Minor Source New Source Review 

(NSR) SIP purposes. These are:

• The portion of “Availability of a record” found in OAC 252:4-1-5(a), (Chapter 4, 

Subchapter 1) that relates to minor sources,

• Portions of Chapter 4, Subchapter 7 (Environmental Permit Process), Part 1 (The Process, 

OAC 252:4-7, Part 1) and Part 3 (Air Quality Division Tiers and Time Lines, OAC 252:4-7, Part 

3) that relate to minor sources)

1

, 

• The Tier I minor source category column found in Appendix C of Chapter 4.

• The definition for minor facility found in OAC 252:100-5-1.1 (Chapter 100),

• Chapter 100, Subchapter 7 (Permits for Minor Sources, OAC 252:100-7), and

• Chapter 100, Appendices H (De Minimis Facilities), I (Insignificant Activities 

(Registration) List, and J (Trivial Activities (De Minimis) List). 

We intend to address the revisions related to minor sources at a later time.

The revisions are further discussed below.

 

1 There is no Part 2 for Chapter 4, Subchapter 7. Parts 5 and 7 do not apply to air matters and were not submitted to 

EPA for approval as a SIP revision.
A. OAC 252:4, Rules of Practice and Procedure; and Appendix C.

Oklahoma included a new Chapter 4 (Rules of Practice and Procedure) and which provides 

administrative procedures for permit issuance, public notice, and administrative proceedings. 

Chapter 4 was adopted by the State to meet the requirements of the Oklahoma Administrative 

Procedures Act, which requires each agency to adopt rules describing its organization, method of 

operation and methods by which the public may obtain or provide information to the agency. 

These rules also specify the requirements of all formal and informal procedures available, 

including a description of forms and instructions.

Subchapter 1 (General Provisions) includes the practices and procedures of the Environmental 

Quality Board, Advisory Councils, and the Department of Environmental Quality; the 

availability of records; and fees for copying, faxing, records search and mail services. 

Subchapter 7 (Environmental Permit Process) is new and includes Part 1 (The Process) and Part 

3 (Air Quality Division Tiers and Time Lines). Representative sections of Part 1 include 252:4-

7-2 (Preamble), 252:4-7-13 (Notices) and 252:4-7-15 (Permit issuance or denial) and are briefly 

discussed below.

The Preamble to Subchapter 7 is the introductory section, referencing the Uniform 

Environmental Permitting Act (UEPA), which requires that DEQ fit licenses, permits, 

certificates, approvals and registrations into a category, or Tier, established under the uniform 

environmental permitting rules. The UEPA was created to streamline the permitting process and 

is located in Oklahoma Statute Title 27A Environment and Natural Resources, Chapter 2 

Oklahoma Environmental Quality Code, Sections 1 through 12. Tier I, (which are not proposed 

for approval), are administrative decisions made by a technical supervisor without public 

participation, aside from the landowner. Tier II are administrative decisions made by the 

Division Director with little public participation, including notice to the public, the opportunity

for a public meeting and public comment. Tier III are administrative decisions made by the 

Executive Director with extensive public participation, i.e., an administrative evidentiary

hearing.

Appendix C of Chapter 4 is the Permitting Process Summary, which lists the permit processing 

steps required under each of the three Tiers. EPA is not proposing to approve the Tier I 

processing steps in the Appendix.

B. OAC 252:100, Air Pollution Control; and Appendices H, I and J.

Chapter 100 (Air Pollution Control) in part provides details regarding permitting fees, permitting 

for minor facilities, permitting for Part 70 Sources, and PSD requirements and major sources. 

Subchapter 5 (Registration, Emission Inventory and Annual Operating Fees) includes three 

separate revisions. The first revision to Subchapter 5 was adopted by Oklahoma in 1998 and 

includes requirements to file an emission inventory, formerly located in Subchapter 7; 

requirements to pay annual operating fees, formerly located in Subchapters 7 and 8; and 

increases to the annual operating fees for minor facilities and non-Part 70 sources.
The second revision to Subchapter 5 was adopted by Oklahoma in 1999, to modify the base 

annual operating fee for minor facilities and the annual operating fee for Part 70 sources.

The third revision to Subchapter 5 was adopted by Oklahoma in 2000, to allow the agency to bill 

annual operating fees on a flexible schedule; edits define billing dates and identify how errors 

will be handled. The changes allow fees to be based on the most recent emissions data and 

require inventories to be submitted prior to March 1. Miscellaneous edits delete redundant text 

and clarify. 

EPA is not taking action on Subchapter 7 (Permits for minor facilities). A number of revisions to 

Subchapter 7 were included with the 2002 submission. 

Subchapter 8 (Permits for Part 70 Sources) contains the provisions for NSR and construction 

permit programs for Part 70 sources. The State reasoned that it would be difficult to separate 

these rules into Title V and SIP rules without omitting essential requirements, and includes these 

rules in the submittal. The February 14, 2002 submittal revises 100-8: Parts 1 (General 

Provisions), 5 (Permits for Part 70 Sources), 7 (PSD Requirements for Attainment Areas), and 9 

(Major Sources Affecting Nonattainment Areas). These sections include general information, 

including eligibility criteria for general and individual permits; sources subject to the permit 

requirements and permit contents; administrative requirements, including format, transmission of 

information, review and petitions; applicability of new sources to NSR requirements; 

demonstration of best available control technology and evaluation of air quality impact. Finally, 

Oklahoma is adding a section for the construction of major sources affecting nonattainment 

areas. Oklahoma does not have areas designated as nonattainment at this time. Should area(s) 

become designated as nonattainment for a regulated air pollutant in the future, this part would 

become applicable.

EPA is not taking action on Appendix H (De Minimis Facilities). It is new to the SIP and is 

referenced in Section 252:100-7-1.1. Appendix H lists the facilities that qualify under De 

Minimis, such as agricultural (lawn care), woodworking (portable wood chipping operations), 

office/janitorial, and cleaning/surface preparation (cold degreasing operations). Appendix H 

meets 40 CFR 51.160.

EPA is not taking action on Appendix I (Insignificant Activities (Registration) List). It is new to 

the SIP and is referenced in Section 252:100-8-2. Appendix I lists the facilities that qualify

under Insignificant Activities, such as combustion equipment (stationary reciprocating engines 

used exclusively for emergency power generation or peaking power service, not more than 500 

hours/year), storage tanks/distribution (not more than 10,000 gallons capacity that store volatile 

organic liquids), and equipment (alkaline/phosphate washers and associated burners, and cold 

degreasing operations). Appendix I meets 40 CFR 51.160.

EPA is not taking action on Appendix J (Trivial Activities (De Minimis) List). It is new to the 

SIP and is referenced in Section 252:100-8-2. Appendix J lists the facilities that qualify under 

Trivial Activities criteria, such as agricultural (non-commercial lawn care), cooling towers/boiler 

water (water treatment operations), fugitive emissions (roof coating, service, and repair), and 
wastewater (removal of basic sediment and water from collection or storage systems). Appendix 

J meets 40 CFR 51.160 and strengthens the SIP.

The State also marked rule text for exclusion from the SIP revisions. These are listed on page 3 

of the introduction submitted to EPA. Generally, the text applied to either: 

• Toxic air pollutants not addressed by the SIP,

• Rules that do not apply to air matters (i.e. Clean Water Act permits),

• Minor permit application fees, and

• Certain OAC references.

Evaluation of Oklahoma SIP Revisions 

Oklahoma SIP for Prevention of Interference with PSD Provisions in Other States and Revisions 

to Address NOx as an Ozone Precursor (SIP Revisions Submitted May 1, 2007 and June 24, 

2010 and July 29, 2010 Letter)

As noted above, the third element of section 110(a)(2)(D)(i) requires a SIP to contain adequate 

provisions prohibiting emissions that interfere with any other state's required measures to prevent 

significant deterioration of its air quality. EPA’s 2006 Guidance made recommendations for SIP 

submissions to meet this requirement with respect to both the 1997 8-hour ozone NAAQS and 

the 1997 PM2.5 NAAQS.

Oklahoma’s May 1, 2007 interstate transport submission is consistent with the 2006 Guidance, 

when considered in conjunction with other PSD program revisions submitted by the State. The 

State’s submittal states: 

Oklahoma’s New Source Review (NSR) program for major sources satisfies the 

requirement of section 110(a)(2)(D)(i) that the State prohibits any source or other type of 

emission activity within the State from emitting any air pollutant in amounts which will 

interfere with measures required to be included in the applicable implementation plan of 

any other State to prevent significant deterioration of air quality. Oklahoma 

Administrative Code (OAC) 252:100-8-35(a)(1) requires sources to demonstrate that 

allowable emissions increase from a proposed source or modification, in conjunction with 

all other applicable emissions increases or reductions (including secondary emissions) 

would not cause or contribute to any increase in ambient concentrations that would 

exceed any NAAQS in any air quality control region.

Oklahoma’s regulations for its PSD program were approved by EPA and made part of the SIP on 

August 25, 1983 (48 FR 38636). Oklahoma’s requirement to demonstrate that an emissions 

increase would not interfere with another state’s PSD measures (OAC 252:100-8-35(a)(1)) was 

previously approved by EPA as Section 1.4.4(f) of Oklahoma Regulation 1.4 (see the table at 40 

CFR 52.1920(c)). Oklahoma submitted OAC 252:100-35 as a SIP revision on February 14, 

2002. The revision recodified the regulation. The 2002 submittal is further discussed below and 

in Appendix A of this Technical Support Document.
Consistent with EPA's November 29, 2005, Phase 2 rule for the 1997 8-hour ozone NAAQS (70 

FR 71612), the State submitted a SIP revision on June 24, 2009, to modify its PSD program to 

address NOx as an ozone precursor (OAC 252:100-8). 

The SIP revision submitted by Oklahoma on June 24, 2010 included revisions to regulate NOx 

emissions in its PSD permit program as a precursor to ozone. The revisions: 

• include NOx as an ozone precursor in the definition of Regulated NSR pollutant (OAC 

252:100-8-31), 

• add that a major source that is major for NOx shall be considered major for ozone in the 

definition of Major stationary source (OAC 252:100-8-31), 

• include a NOx emissions rate of 40 tons per year in the definition of Significant (OAC 

252:100-8-31), and 

• add that any net emissions increase of 100 tons per year or more of NOx subject to PSD 

would require an ambient impact analysis, including the gathering of air quality data (OAC 

252:100-8-33). 

For the 8-hour ozone NAAQS, the revision to definition of Regulated NSR pollutant meets the 

federal definition in 40 CFR 51.166(b)(49) for NOx as an ozone precursor. The revision that a 

major source that is major for NOx shall be considered major for ozone meets the federal 

definition in 40 CFR 51.166(b)(1). The revision to include a NOx emissions rate of 40 tons per 

year in the definition of Significant meets the federal requirement for significant emission rate 

for NOx emissions in 40 CFR 51.166(b)(23)(i). The revision that any net emissions increase of 

100 tons per year or more of NOx subject to PSD would require an ambient impact analysis, 

including the gathering of air quality data meets the federal requirement for ambient air impact 

analysis for ozone precursors under the footnote for 40 CFR 166(i)(5)(i)(e). Thus, these 

revisions meet the requirements of CAA section 110 and 40 CFR 51.166 for establishing NOx 

emissions as a precursor for ozone.

The PSD revision for the 1997 8-hour ozone NAAQS taken together with the interstate transport 

SIP, satisfies the requirements of the third element of section 110(a)(2)(D)(i) for the 1997 8-hour 

ozone NAAQS, i.e., there will be no interference with any other state’s required PSD measures.

As noted above, on July 29, 2010 the Oklahoma Department of Environmental Quality (ODEQ) 

sent a letter to EPA clarifying their interpretation of EPA’s interim guidance on use of PM10 as a 

surrogate for the PM2.5 NAAQS in the Oklahoma PSD program. In the letter ODEQ stated that 

they would implement the PM2.5 NAAQS consistent with Federal case law, and EPA 

Administrator petition decisions. ODEQ further stated that: (1) they will not proceed on the 

general presumption that PM10 is always a reasonable surrogate for PM2.5, (2) for any permit 

application in which the applicant is seeking to rely on the Surrogate Policy, they will include in 

the permit record an adequate rationale or demonstration to support the use of PM10 as a 

surrogate based on the facts and circumstances of the specific permit, (3) the permit record will 

include an explanation of how the impacts from the proposed source construction/modification 

on the PM2.5 levels were determined, and (4) they will be mindful of the limits provided in the 

policy itself, such as the need to identify the technical difficulties that justify the application of 

the policy in each specific case. Because of the clarifications, EPA believes that Oklahoma’s 

approach is appropriate. 
On the basis of the analysis presented above we believe that the Oklahoma SIP as revised with 

respect to PSD program requirements, satisfactorily addresses the requirement of CAA section 

110(a)(2)(D)(i)(II) that emissions from Oklahoma sources do not interfere with PSD measures in 

other any other State for the 1997 8-hour ozone NAAQS and 1997 PM2.5 NAAQS.

Emissions Inventory Requirements Submitted February 14, 2002 (OAC 252:100-5-2.1)

The revisions require certain stationary sources of air pollution to report annual emissions (an 

emissions inventory) to the State by March 1 of each year, with the provision for an extension of 

up to 60 days (OAC 252:100-5-2.1). The emission inventory requirements were previously in 

OAC 252:100, Subchapter 7 (Permits).

Specifically, the Emissions Inventory requirements at OAC 252:100-5-2.1 read:

Emission inventory

(a) Requirement to file an emission inventory. The owner or operator of any facility that is a 

source of air emissions shall submit a complete emission inventory annually on forms obtained 

from the division.

(1) The inventory shall cover operations during a calendar year and shall be submitted 

prior to March 1 of the following year, unless a 30-day extension has been granted by the 

Division. An additional 30-day extension may be granted for good cause shown.

(2) De minimis facilities as defined in 252:100-7-1.1 are not required to submit an annual 

emission inventory.

(b) Content. All inventories submitted to the Division shall include, but shall not be

limited to, the following:

(1) For those emissions subject to a permit, the permit number and the permitted 

allowable emissions as set forth therein.

(2) The amount of the actual emissions, including quantifiable excess emissions, and the 

basis for such determination.

(3) If the actual emissions vary from the allowable or from the previous year's actual by

more than 30%, an explanation for the difference.

(4) For those emissions not the subject of a permit and when requested by the AQD, a list 

of all 252:100 rules setting forth emission limitations applicable to the facility in question and 

the maximum yearly allowable for the facility.

(c) Documentation. All calculations and assumptions must be verified by proper documentation. 

All supporting data, including actual production, throughput and measurement records along 

with engineering calculations and other data utilized in accordance with 252: 100-5-2.1(d), 

below, must be maintained for at least 5 years by the current owner or operator at the facility in 

conjunction with facility records of the emission inventory. This information must either be 

submitted to the Division or made available for inspection upon request.

(d) Method of calculation. The best available data at the time the emission inventory is or should 

have been prepared shall be used to determine emissions. It shall be the burden of the owner or 

operator to select the best available data, based on an acceptable method of calculation. The 

method of calculation used to determine emissions shall be binding upon the owner or operator 

and the Division for the purpose of calculating fees under 252:100-5-2.2 unless challenged by 
the owner or operator prior to September 1 of the year the inventory is due or by the Division 

within

six (6) months after the date the inventory is received. Acceptable methods of calculation for 

determining actual emissions are:

(1) Emission factors utilized in the issuance of a relevant Oklahoma Air Quality permit(s) 

for the facility.

(2) Stack tests using appropriate EPA test methods, with advance notification and 

opportunity for observation by the Air Quality Division.

(3) Stack tests using appropriate EPA test method may be used for determining the 

emissions of identical equipment (i.e., same model, same location, and same operating 

conditions and parameters) when:

(A) Tests are performed by persons qualified by training and experience to 

perform said tests.

(B) Copies of the tests results and methods are available for review by the Air 

Quality Division.

(4) Continuous emissions monitoring data, when supported by required certification and

calibration data.

(5) Current AP-42 factors or other factors acceptable to the Division.

(6) Manufacturer's test data, when approved by the Division as reliable.

(7) EPA and EPA-contracted industry-specific emission study data when it can be shown 

to be applicable to the facility in question and approved for use in the emission inventory by the 

Division.

(8) Fuel usage and other mass-balance methods when supported by specific records 

applicable to the materials on which the calculations are based and approved for use in the 

emission inventory by the Division.

(9) Any other method that can be shown to be reasonably accurate when supported by

engineering data and calculations, and approved for use in the emission inventory by the 

Division.

(e) Methods of verification. Emission inventories determined by the division to be

substantially incomplete or substantially incorrect shall, upon the request of the 

Division, be subject to verification if not satisfactorily completed or corrected within a 

reasonable time. Verification shall be accomplished by an appropriate stack test using EPA 

approved methods, installation of continuous monitoring equipment, or other methods acceptable 

to the Division.

These requirements are consistent with EPA’s Air Emissions Reporting Requirements, (40 CFR 

51, Subpart A), which calls for States to report emissions from stationary sources.

Other Revisions Submitted on February 14, 2002

The other revisions submitted on February 14, 2002 are discussed further in Appendix A of this 

document. We have reviewed the revisions being proposed for approval and believe they are 

consistent with the applicable requirements of the CAA. The majority of the revisions are 

administrative in nature, stemming from the State’s initiative to repeal or otherwise modify

redundant or incorrect language within the OAC. The variety of revisions include recodified 
portions of the Oklahoma SIP, deletions of duplicative and outdated rules, and edits that simplify

text and correct errors.

The revisions also incorporate requirements of the Oklahoma Uniform Environmental Permitting 

Act (UEPA), which requires that the Oklahoma Department of Environmental Quality (ODEQ) 

fit licenses, permits, certificates, approvals and registrations into a category, or Tier, established 

under the uniform environmental permitting rules. The UEPA was created to streamline the 

permitting process and is located in Oklahoma Statute Title 27A Environment and Natural 

Resources, Chapter 2 Oklahoma Environmental Quality Code, Sections 1 through 12. Tier I are 

administrative decisions made by a technical supervisor without public participation, aside from 

the landowner. Tier II are administrative decisions made by the Division Director with little 

public participation, including notice to the public, the opportunity for a public meeting and 

public comment. Tier III are administrative decisions made by the Executive Director with 

extensive public participation, i.e., an administrative evidentiary hearing.

CAAA 110(l) Analysis 

Section 110(l) of the Clean Air Act requires:

Each revision to an implementation plan submitted by a State under this Act shall be adopted by

such State after reasonable notice and public hearing. The Administrator shall not approve a 

revision of a plan if the revision would interfere with any applicable requirement concerning 

attainment and reasonable further progress (as defined in section 171), or any other applicable 

requirement of this Act. We have reviewed the revisions proposed for approval and find that 

they are consistent with the Clean Air Act.